Dunkin’ Donuts neighbors want to alter zoning in area

Tuesday

May 29, 2007 at 12:01 AMMay 29, 2007 at 10:28 PM

Neighbors of a soon-to-be-constructed Dunkin’ Donuts on Mystic Avenue once again swamped City Hall in light of recent changes to a previously agreed-upon plan that called for owners to build a drive-through, but forced them to wait a year before opening it. But instead of trying to stop developers, neighbors at the May 22 City Council meeting said they were more intent on changing the very zoning laws that have allowed a busy business into their once quiet neighborhood.
Matthew Keough/mkeough@cnc.com

But instead of trying to stop developers, neighbors at the May 22 City Council meeting said they were more intent on changing the very zoning laws that have allowed a busy business into their once quiet neighborhood.

“This evening we are going to be requesting a zoning change,” said Phyllis Buccio-Notaro, an Alexander Avenue resident who lives on the street that will soon by shared by the Dunkin’ Donuts that currently sits across Mystic Avenue.

Buccio-Notaro said she, like other neighbors, was shocked to find out her home was considered part of a commercial zone although she has been paying residential rates for years.

Clutching a petition she said was signed by more than 40 neighbors and supporters, Buccio-Notaro stressed neighbors weren’t looking for retroactive changes that would force adjustments to the already approved Dunkin’ Donuts site.

“We only want to change the eight homes that are listed as a commercial property,” Buccio-Notaro said, adding part of the site of the new Dunkin’ Donuts and the adjoining parking lot once appeared to be residential homes as well. “We’ve already lost two homes and we don’t want to see any more.”

In recent weeks the controversy surrounding the new proposed site for Dunkin’ Donuts has made a return appearance at City Council meetings.

Last summer, residents fought against plans to add a drive-through and a number of new curb openings to the address, which is located on the former Dragon Villa site, a street already notorious for cut-through traffic.

After a number of meetings, councilors were able to broker a deal that allowed owners to construct their drive-through but wait to open it following a year of traffic studies. Neighbors were also able to deter developers from adding more curb openings, a plan they said would have only exacerbated the already-dangerous traffic situation on Alexander Avenue.

But it was déjà vu for neighbors when City Councilor Michael Marks announced that owners purchased an adjoining home to turn into a parking lot for workers, a plan that many suspected would mean additional entrances to the sure-to-be busy eatery.

Although City Code Enforcement Officer John Bavuso said owners wouldn’t face restrictions if more openings were added, Robert Abruzese, the attorney representing the group, told the Transcript neighbors needn’t worry about additional curb cuts at the site of the parking lot.

But Marks said the move, which was submitted to the Building Department without notifying councilors or neighbors, smacked of disingenuousness.

Now City Councilor Fred Dello Russo said neighbors are finding themselves the victims of a zoning change that most in City Hall can’t even remember taking place.

“Some people have suggested the zoning change took place in the early 60s,” Dello Russo said. “I think at the time the intention was to make Mystic Avenue into some sort of a commercial center. But clearly that didn’t happen and now this wording doesn’t belong here.”

Bavuso said little could be done to alter plans for the parking lot because of the commercial zone factor, but now residents are aiming to change the wording they say is allowing developers to get away with murder in their own backyards.

City councilors said they plan to take up the issue of the zoning change at a June 5 meeting.

“If the wording is strong (in the request for a zoning change) then we apologize, but it was meant to be strong because the people in those eight homes are feeling very vulnerable right now,” Buccio-Notaro said.